When a defendant is sentenced, the court generally sets a date to report to the jail. But the court allows enough time to apply for home detention at the probation office.
The home detention program lets persons who have been sentenced to jail to continue to go to work.
Home detention used to be about wearing an ankle bracelet continuously during the period of home detention. Now, however, monitoring is done with cell phones.
There's a $30 application fee to apply for home detention. The cost of the program is $30 a day.
The criminal justice system encourages people who have no experience in the law to make mistakes. Nice people are usually at a severe disadvantage.
It's normal for anyone to feel remorse, confusion and embarrassment after getting a DUI or being charged with any other crime. But it is a mistake to go to court and plead guilty or enter a diversion program at your first court appearance.
If you have been arrested or cited for DUI in Oregon, the best idea is to have an attorney go to court with you, or appear on your behalf, at your first appearance date. Our judges allow plenty of time for persons charged with DUI to decide what to do.
Mugshot website operators indicted for extortion, money laundering, identity theft
The attorney general of California has announced charges of extortion, money laundering, and identity theft against four defendants who allegedly own and operate a "mugshots.com" website.
Mugshot websites mine data from law enforcement websites, including jails. These websites permanently display the name, booking photograph, and charges filed against virtually any person who is arrested and booked.
In the past, these "mugshot.com" sites have charged fees to persons requesting that their booking photos be taken down.Generally, unless this fee is paid, the photos and information remains online, even where charges are dismissed, a judgment of acquittal is entered, or a criminal record is expunged.
In Oregon, any person who appears in court on any criminal charge is told by the judge to go to the jail for booking. This command is given to all defendants who appear in court after being cited for any misdemeanor or felony crime. Defendants who are cited are told to report to the jail for booking, even if they were not taken into custody or arrested when the police issued a citation.
California Attorney General Xavier Becerra stated in a press release, "This payfor-removal scheme attempts to profit off someone else's humiliation. Those who can't afford to pay into this scheme to have their information removed pay the price when they look for a job, housing, or try to build relationships with others. This is exploitation, plain and simple."
The four named defendants are Sahar Sarid, Kishore Vidya Bhavnanie, Thomas Keesee, and David Usdan.
Allegedly, the defendants extracted more than $64,000 from 175 individuals in California, and more than $2 million from approximately 5,700 persons nationally.
Arrest warrants were served in Florida, Connecticut, and Pennsylvania. (Read the attorney general's press release here.)
Sarid and Keesee were arrested in Florida and will be extradited to California.
Every defendant, including Sarid and Keesee, is presumed innocent until proven guilty.
If you have been accused of DUI, chances are you have never been in trouble with the law. You may believe you have no choice but to plead guilty.
While you always have the option of pleading guilty, it shouldn't be your first move.
It makes sense to talk to a criminal defense specialist with experience defending persons who have been charged with DUI. The criminal justice system encourages people who have no experience in the law to make mistakes. Nice people are usually at a severe disadvantage.
It's normal for anyone to feel remorse, confusion and embarrassment after being charged with a crime.
But it is a mistake to go to court and plead guilty at your first court appearance.
Knowing what will happen and what your choices are could relieve a lot of stress and anxiety.
Don't rush into the courtroom in a hurry to surrender all of your legal rights.
Let your attorney appear and represent you in court.
Let your attorney talk to the judge on your behalf.
If you have been arrested or cited for DUI in Oregon, the best idea is to have an attorney go to court with you, or appear on your behalf on your first court date. Our judges allow plenty of time for persons charged with DUI to decide what to do. Legal questions arise in every DUI case. There are questions of whether the police made a lawful stop or a lawful arrest, and whether the police followed the law and their training as they gathered their evidence.
DUI evidence often includes testimony about psychomotor abilities, chemistry, biology, pharmacology, toxicology, and various other fields. The reliability of this evidence often depends on standards and procedures of government-operated crime labs, but these are subject to criticisms among scientists who are not employed by law enforcement agencies. Police are not scientists, yet generally they are allowed to testify that their procedures, along with their opinions, are based on science. They are trained to claim the authority of scientists when they testify at trials.
With this experience and training, it is almost always impossible for an unrepresented person to prevail against the police. However, in the jury selection process, and continuing through the opening statements, cross-examination of the police officer, and closing arguments, an attorney can show a jury the weaknesses in the state's case.
I've taken a lot of DUI cases to trial before juries. I've gone to Boston and New Orleans to study the law and science. I've gone to Los Angeles, Las Vegas and Philadelphia for police training programs in DUI investigation. I've been trained by police in Drug Recognition protocols. I've examined and cross examined forensic experts about the toxicology and effects of alcohol, marijuana, prescription medications, and harder substances such as heroin, cocaine, narcotic analgesics, stimulants and opiates.
From this experience, I'm confident telling you that the criminal justice system, in the interests of keeping us "safe," has established a process for prosecuting DUIs that is often an affront to our Constitutional protections of due process.
The "DUI exceptions" to the Constitution are persistently troubling. The police procedures that are brought to bear against innocent drivers who are doing nothing more offensive than traveling through Jackson County, Oregon, at night, are heavy-handed, and the outcome is often already known before the blue lights begin to flash.
Excesses may include arbitrary arrests, based on minimal evidence, that result in criminal DUI charges. Yet hundreds of people surrender to the court system every year without a question. They admit to accusations of crimes they didn't really commit but didn't know they could fight.
Words of encouragement to nice people
Consider This Possibility:
You Didn't Do Anything Wrong
Maybe you were stopped for a minor, technical violation of the Oregon Rules of the Road for Drivers. Maybe you didn't do anything wrong.
After the barrage of propaganda and publicity the government has sponsored, warning the public of the dangers of DUI, many people believe (incorrectly) that it's against the law in Oregon to have a drink and then drive.
At the same time, police have been trained to enforce DUI laws relentlessly. Once law enforcement officers form the slightest suspicion that a person they have pulled over was drinking (in any amount at all), they conduct an investigation. DUI investigations are done everywhere in the United States according to the same standards and training. They're designed to give the police additional evidence that will be used against any person they arrest when the case goes to court.
Police also are trained to administer tests and procedures that result in license suspension by the DMV.
The typical reaction of anyone who has never been stopped by the police is to talk. Talking to the police after a stop is a mistake.
Police officers are trained to make observations that support decisions to arrest people. Private citizens should be aware that law enforcement officers already are making observations and decisions, long before the emergency lights go on.
Police are taught to write reports in ways that portray drivers in the most damaging ways. When the police write their reports, they're likely to criticize pretty much anything a driver says or does.
It doesn't matter that you have a perfect driving record. It doesn't matter that it was your birthday. It doesn't matter that you got a promotion and wanted to enjoy an adult beverage with friends. Everything you do, both before and after you're stopped, along with everything you say, will be written down and kept in a police file. This information will be offered in court to prove you're guilty of a crime.
It's very unlikely, once the police begin a DUI investigation, that you will be allowed to go on your way.
In fact, roadside tests are known by another name in the police training manuals. They're called "the pre-arrest screening.”
These are subjects that I enjoy talking about at trials, when police officers are on the witness stand and I cross examine them.
An offense is either a crime or a violation.
A crime is either a felony or a misdemeanor.
If a crime is a felony there is a maximum term of imprisonment of more than one year.
Felonies are classified as Class A felonies; Class B felonies; Class C felonies; and unclassified felonies. The maximum prison term for a felony is 20 years for a Class A felony, 10 years for a Class B felony and 5 years for a Class C felony. The maximum fines for felonies are $500,000 for murder or aggravated murder, $375,000 for a Class A felony, $250,000 for a Class B felony, and $125,000 for a Class C felony.
Misdemeanors are less serious than felonies. Misdemeanors carry a maximum sentence of one year or less.
Misdemeanors are classified as Class A misdemeanors, Class B misdemeanors, Class C misdemeanors, and unclassified misdemeanors.
Maximum sentences for misdemeanors are 1 year for a Class A misdemeanor, 6 months for a Class B misdemeanor, and 30 days for a Class C misdemeanor.
Maximum fines are $6,250 for a Class A misdemeanor, $2,500 for a Class B misdemeanor, and $1,250 for a Class C misdemeanor.
A Practical Problem: Getting to Work
In the short term, a DUI usually makes it more challenging to keep a job. In some cases a DUI can result in the loss of employment.
The first and most common reason is obvious. If your license is suspended it could be a challenge to find reliable, affordable transportation to and from work. If your job requires you to drive, you will have to disclose to your employer that you can't drive during any license suspension period. This fact alone sometimes puts a person out of a job.
In order to drive with a hardship permit, a person will have to obtain insurance (SR-22 coverage) and have an ignition interlock device installed in any vehicle the person drives.
A surprising number of occupational credentials are affected by laws and regulations that deny professional and business licenses to persons with a conviction (or diversion) for DUI.
The list is extensive, and includes the following job titles: commercial driver, lawyer, pilot, medical professional, dentist, pharmacist, bail bond agent, accountant, SEC (Series 7, etc.), real estate broker, pharmaceutical sales, military, teacher, daycare provider, USCG captain, person with government security clearance, liquor licensee, bus driver, conductor, taxi driver, auto sales, foster care provider, and marijuana grower.
Getting a Hardship Permit
If DMV has suspended a driver's license for 90 days, a hardship permit can be issued 30 days into the suspension period. If a a DMV suspension is for one year, the hardship can be issued after 90 days. The hardship permit allows a person to drive to and from work, and practically nothing else.
In order to drive with a hardship permit, a person will have to obtain insurance (SR-22 coverage) and have an ignition interlock device installed in any vehicle the person drives.
For some lawyers, there are few cases more rewarding than defending a person who has been accused of Driving Under the Influence of an Intoxicant -especially when the intoxicant in question is marijuana.
Generally, the probability of prevailing in a Marijuana DUI case -- for some lawyers -- is relatively high.
This is because the police have devoted untold resources to developing tests and procedures to investigate drivers who are suspected of being under the influence of alcohol. The validity of these tests is questionable when police use them to try to establish that a person is "under the influence" of marijuana.
As we all know, recreational marijuana use is legal in Oregon. However, driving under the influence of an intoxicant is not.
Police are still stopping, investigating and arresting drivers they suspect of being under the influence marijuana.
It makes little sense, but the procedures that police use to prove a driver is under the influence of marijuana are the same "standardized field sobriety tests" that police use to prove a driver is under the influence of alcohol.
There are a variety of methods to determine the amount of alcohol present in your system. These include breath, urine, and blood tests.
A breath test is a common method used by police to measure your blood alcohol content (BAC). The police usually do this by getting a sample of your breath. As you blow into a hose, a machine measures your breath and then calculates an estimate of your actual, blood-alcohol level. In Oregon, as in most of the United States, the BAC "limit" is .08 percent.
There are a variety of devices that can be used to measure the alcohol in your breath. Throughout Oregon, police use only the Intoxylizer 8000. This device analyzes your breath to give an estimate of BAC. It does this by measuring the amount of infrared light alcohol absorbs when a person is exhaling into a hose that is connected to this device. The principle is, simply, the more light absorbed, the higher the BAC.
If a police officer suspects you of driving under the influence, you can be asked to submit to a breath test to determine the level of alcohol in your system. This is when it is important to be aware of Oregon's implied consent law. This law states that by driving a vehicle in Oregon you have given your implied consent to submit to a breath, blood, or urine test if requested to do so by a police officer.
While you do have a right to refuse to submit any or all of these tests , there can potentially be significant consequences if you choose to do so. By refusing to submit to a breath test evidence of your refusal to take the test can be used against you by the prosecution in your case. In addition, if you fail a breath test that failure can be also be used as evidence against you in a court of law. The arresting officer must inform you of the rights and consequences of deciding to take or refuse the test. You also have the right to call an attorney prior to making a decision on whether or not to take the breath test.
Moreover, there are administrative penalties issued by the Oregon DMV for refusal to take a breath test or failure of a breath test, that are separate and apart from any criminal penalties you may receive. It is important to note that the consequences are more severe for refusal to take the test than if you fail the breath test. Initially, upon failure or refusal of a test, the arresting officer will confiscate your license and issue you a temporary permit which is good for 30 days. (Provided you have a valid Oregon driver's license.) At the time of arrest the officer will provide you with written notice on the DMV's intent to suspend your license. You have ten days from the date of arrest to request a hearing on the suspension. Otherwise, at the end of the 30 days your license will be suspended.
Suspension length depends on whether or not your failed the breath test or refused to take the breath test. For failure of the breath test, your license will be suspended for 90 days for a first offense. Thereafter, your license will be suspended for one year. If you refused the breath test, your license will be suspended for one year for a first offense and for three years for any subsequent offense.
In addition, if you refuse to take the breath test, you cannot request a hardship permit (a license which gives you limited driving privileges) for at least 90 days and, possibly for 3 years if it is not your first offense.
Finally, if you refuse to take a breath test you may be subject to fine. The fine ranges from $500 to $1000.
Breath Test Results
Even if you decide to take the breath test and fail it, it is important to be aware that the resulting percentage may not be an accurate representation of your level of intoxication. There are a number of things that can affect the outcome of your breath test.
For example, the device may have not been properly calibrated. Or, the police officer did not follow proper procedures to collect the breath sample. In Oregon the officer must first make sure "the subject has not taken anything by mouth (drinking, smoking, eating, taking medication, etc.), vomited, or regurgitated liquid from the stomach into mouth, for at least fifteen minutes before taking the test." The breath test device does not distinguish what type of alcohol is one your breath so other things can give the device a false positive. This is known as residual mouth alcohol. Things likemouthwash, cough syrup, breath sprays, and cold medicine can give a false positive reading. Burping can give an inaccurate result Certain medical conditions can affect your breath test results. For example, if you have diabetes this can potentially affect the outcome of the breath test as the testing device can mistake acetone for alcohol. Or if you have gastroesophageal reflux disease (GERD) the sample can be contaminated by gas from the stomach.
Alcohol can become trapped in dentures and cavities producing a false result Your test results can also be affected by low-carb diets.
The bottom line is, just because your breath test results stated you were over the legal limit this does not mean you were driving while intoxicated.
The court imposes fines and fees, in addition to jail time, when a person is convicted of DUI.
A person convicted of a misdemeanor DUI can expect a $1,000 fine for a first conviction, $1,500 for a second conviction, and felony treatment on a third conviction.
If a person chooses to avoid a conviction by entering into the court-sponsored program, such as DUI diversion, there will be a $490 fee for entry into the DUI diversion program.
Whether the court imposes a conventional sentence or orders an "alternative" treatment program, defendants generally pay fees for lots of services, such as evaluations at Community Justice, alcohol and drug treatment and classes, "blow-and-go" devices for their cars, higher insurance rates, and other, ongoing costs.
For example, to go into DUI diversion, in addition to the "program" fee of $490 at the court, there's an "evaluation" fee of $150 at the Community Justice office. Then there's another $25 fee at the "victim impact panel," which is a Mothers Against Drunk Driving program that people convicted of DUI or go on diversion are required to attend.
Everyone who is convicted or enters a plea to get into diversion, will have to report to the payment window at the courthouse. Then, there will be a visit to Community Justice, where defendants are asked to fill out some forms and schedule an alcohol and drug evaluation. If the judge orders jail time, this is the office where applications for home detention are filed.
Cannabis and Cars
Cannabis and DUI
Dismissals, Pleas and Jury Trials
DUI Cases Not Limited to 'Drunk Driving'
Additional Charges Follow When a DUI Results in Death
Cannabis Levels and Driving
Suspension May Follow DUI
One DUI Arrest Changes Everything
You May Save Your License
Police Seek to Prove Impairment from Cannabis
Fines and Fees Follow Convictions
A Breath Test Is Not the Last Word
Marijuana and DUI
What If You Didn't Do Anything Wrong?
DUI Can Affect Jobs and Careers
DUI Attorneys Review Professional Licensing Rules
Felonies and Misdemeanors Carry Jail Terms
Do Not Enter a Guilty Plea at Your First Court Appearance
Mugshot Website Operators Busted
It's a Mistake to Plead Guilty at Your First Court Apearance
Home Detention Updated
It's Normal to Not Know What to Do
DUI Can Lead to Loss of License
DMV Implied Consent Suspension
DUI Conviction May Mean Jail
Drinking Boaters Drowning in a Deluge of Laws
More about Diversion
The Court Will Tell You to Take Yourself to Jail
Diversion Is Not Always the Best Choice
What to Do After a DUI Arrest